As Introduced

130th General Assembly
Regular Session
2013-2014
S. B. No. 177


Senator Skindell 

Cosponsors: Senators Brown, Cafaro, Gentile, Kearney, Schiavoni, Sawyer, Smith, Tavares, Turner 

A BILL
To amend sections 2903.213, 2903.214, 2919.26, and 1
3113.31 of the Revised Code to include the 2
protection of companion animals in temporary 3
protection orders, domestic violence protection 4
orders, anti-stalking protection orders, and 5
related protection orders.6


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 2903.213, 2903.214, 2919.26, and 7
3113.31 of the Revised Code be amended to read as follows:8

       Sec. 2903.213.  (A) Except when the complaint involves a 9
person who is a family or household member as defined in section 10
2919.25 of the Revised Code, upon the filing of a complaint that 11
alleges a violation of section 2903.11, 2903.12, 2903.13, 2903.21, 12
2903.211, 2903.22, or 2911.211 of the Revised Code, a violation of 13
a municipal ordinance substantially similar to section 2903.13, 14
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, or 15
the commission of a sexually oriented offense, the complainant, 16
the alleged victim, or a family or household member of an alleged 17
victim may file a motion that requests the issuance of a 18
protection order as a pretrial condition of release of the alleged 19
offender, in addition to any bail set under Criminal Rule 46. The 20
motion shall be filed with the clerk of the court that has 21
jurisdiction of the case at any time after the filing of the 22
complaint. If the complaint involves a person who is a family or 23
household member, the complainant, the alleged victim, or the 24
family or household member may file a motion for a temporary 25
protection order pursuant to section 2919.26 of the Revised Code.26

       (B) A motion for a protection order under this section shall 27
be prepared on a form that is provided by the clerk of the court, 28
and the form shall be substantially as follows:29

"Motion for Protection Order
30

............................
31

Name and address of court
32

State of Ohio33

v. No. .......... 34

.............................35

Name of Defendant36

(Name of person), moves the court to issue a protection order 37
containing terms designed to ensure the safety and protection of 38
the complainant or the alleged victim in the above-captioned case, 39
in relation to the named defendant, pursuant to its authority to 40
issue a protection order under section 2903.213 of the Revised 41
Code.42

       A complaint, a copy of which has been attached to this 43
motion, has been filed in this court charging the named defendant 44
with a violation of section 2903.11, 2903.12, 2903.13, 2903.21, 45
2903.211, 2903.22, or 2911.211 of the Revised Code, a violation of 46
a municipal ordinance substantially similar to section 2903.13, 47
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, or 48
the commission of a sexually oriented offense.49

       I understand that I must appear before the court, at a time 50
set by the court not later than the next day that the court is in 51
session after the filing of this motion, for a hearing on the 52
motion, and that any protection order granted pursuant to this 53
motion is a pretrial condition of release and is effective only 54
until the disposition of the criminal proceeding arising out of 55
the attached complaint or until the issuance under section 56
2903.214 of the Revised Code of a protection order arising out of 57
the same activities as those that were the basis of the attached 58
complaint.59

.....................................60

Signature of person61

.....................................62

Address of person"63

       (C)(1) As soon as possible after the filing of a motion that 64
requests the issuance of a protection order under this section, 65
but not later than the next day that the court is in session after 66
the filing of the motion, the court shall conduct a hearing to 67
determine whether to issue the order. The person who requested the 68
order shall appear before the court and provide the court with the 69
information that it requests concerning the basis of the motion. 70
If the court finds that the safety and protection of the 71
complainant or the alleged victim may be impaired by the continued 72
presence of the alleged offender, the court may issue a protection 73
order under this section, as a pretrial condition of release, that 74
contains terms designed to ensure the safety and protection of the 75
complainant or the alleged victim, including a requirement that 76
the alleged offender refrain from entering the residence, school, 77
business, or place of employment of the complainant or the alleged 78
victim. The court may include within the scope of a protection 79
order issued under this section any companion animal that is in 80
the complainant's or alleged victim's residence and may issue 81
additional orders as it considers appropriate for the protection 82
of the companion animal, including any listed in division (D)(1) 83
of this section.84

       (2)(a) If the court issues a protection order under this 85
section that includes a requirement that the alleged offender 86
refrain from entering the residence, school, business, or place of 87
employment of the complainant or the alleged victim, the order 88
shall clearly state that the order cannot be waived or nullified 89
by an invitation to the alleged offender from the complainant, the 90
alleged victim, or a family or household member to enter the 91
residence, school, business, or place of employment or by the 92
alleged offender's entry into one of those places otherwise upon 93
the consent of the complainant, the alleged victim, or a family or 94
household member.95

       (b) Division (C)(2)(a) of this section does not limit any 96
discretion of a court to determine that an alleged offender 97
charged with a violation of section 2919.27 of the Revised Code, 98
with a violation of a municipal ordinance substantially equivalent 99
to that section, or with contempt of court, which charge is based 100
on an alleged violation of a protection order issued under this 101
section, did not commit the violation or was not in contempt of 102
court.103

       (D)(1) Except when the complaint involves a person who is a 104
family or household member as defined in section 2919.25 of the 105
Revised Code, upon the filing of a complaint that alleges a 106
violation specified in division (A) of this section, the court, 107
upon its own motion, may issue a protection order under this 108
section as a pretrial condition of release of the alleged offender 109
if it finds that the safety and protection of the complainant or 110
the alleged victim may be impaired by the continued presence of 111
the alleged offender. The court may include within the scope of a 112
protection order issued under this section any companion animal 113
that is in the complainant's or alleged victim's residence and may 114
issue additional orders as it considers appropriate for the 115
protection of the companion animal, including any of the 116
following:117

       (a) An order directing the alleged offender to refrain from 118
abusing, threatening, injuring, concealing, disposing of, or 119
interfering with the care, custody, and control of a companion 120
animal that is in the possession of the complainant or the alleged 121
victim or the alleged offender or that is owned by the complainant 122
or the alleged victim;123

       (b) An order to remove a companion animal from the possession 124
of the alleged offender;125

       (c) An order permitting the complainant or the alleged victim 126
to return to the residence to remove a companion animal from the 127
possession of the alleged offender;128

       (d) An order prohibiting the alleged offender from having any 129
contact with the companion animal;130

        (e) An order directing law enforcement to assist in the safe 131
removal of a companion animal from the possession of the alleged 132
offender.133

       (2) If the court issues a protection order under this section 134
as an ex parte order, it shall conduct, as soon as possible after 135
the issuance of the order but not later than the next day that the 136
court is in session after its issuance, a hearing to determine 137
whether the order should remain in effect, be modified, or be 138
revoked. The hearing shall be conducted under the standards set 139
forth in division (C) of this section.140

       (3) If a municipal court or a county court issues a 141
protection order under this section and if, subsequent to the 142
issuance of the order, the alleged offender who is the subject of 143
the order is bound over to the court of common pleas for 144
prosecution of a felony arising out of the same activities as 145
those that were the basis of the complaint upon which the order is 146
based, notwithstanding the fact that the order was issued by a 147
municipal court or county court, the order shall remain in effect, 148
as though it were an order of the court of common pleas, while the 149
charges against the alleged offender are pending in the court of 150
common pleas, for the period of time described in division (E)(2) 151
of this section, and the court of common pleas has exclusive 152
jurisdiction to modify the order issued by the municipal court or 153
county court. This division applies when the alleged offender is 154
bound over to the court of common pleas as a result of the person 155
waiving a preliminary hearing on the felony charge, as a result of 156
the municipal court or county court having determined at a 157
preliminary hearing that there is probable cause to believe that 158
the felony has been committed and that the alleged offender 159
committed it, as a result of the alleged offender having been 160
indicted for the felony, or in any other manner.161

       (E) A protection order that is issued as a pretrial condition 162
of release under this section:163

       (1) Is in addition to, but shall not be construed as a part 164
of, any bail set under Criminal Rule 46;165

       (2) Is effective only until the disposition, by the court 166
that issued the order or, in the circumstances described in 167
division (D)(3) of this section, by the court of common pleas to 168
which the alleged offender is bound over for prosecution, of the 169
criminal proceeding arising out of the complaint upon which the 170
order is based or until the issuance under section 2903.214 of the 171
Revised Code of a protection order arising out of the same 172
activities as those that were the basis of the complaint filed 173
under this section;174

       (3) Shall not be construed as a finding that the alleged 175
offender committed the alleged offense and shall not be introduced 176
as evidence of the commission of the offense at the trial of the 177
alleged offender on the complaint upon which the order is based.178

       (F) A person who meets the criteria for bail under Criminal 179
Rule 46 and who, if required to do so pursuant to that rule, 180
executes or posts bond or deposits cash or securities as bail, 181
shall not be held in custody pending a hearing before the court on 182
a motion requesting a protection order under this section.183

       (G)(1) A copy of a protection order that is issued under this 184
section shall be issued by the court to the complainant, to the 185
alleged victim, to the person who requested the order, to the 186
defendant, and to all law enforcement agencies that have 187
jurisdiction to enforce the order. The court shall direct that a 188
copy of the order be delivered to the defendant on the same day 189
that the order is entered. If a municipal court or a county court 190
issues a protection order under this section and if, subsequent to 191
the issuance of the order, the defendant who is the subject of the 192
order is bound over to the court of common pleas for prosecution 193
as described in division (D)(3) of this section, the municipal 194
court or county court shall direct that a copy of the order be 195
delivered to the court of common pleas to which the defendant is 196
bound over.197

       (2) All law enforcement agencies shall establish and maintain 198
an index for the protection orders delivered to the agencies 199
pursuant to division (G)(1) of this section. With respect to each 200
order delivered, each agency shall note on the index the date and 201
time of the agency's receipt of the order.202

       (3) Regardless of whether the petitioner has registered the 203
protection order in the county in which the officer's agency has 204
jurisdiction, any officer of a law enforcement agency shall 205
enforce a protection order issued pursuant to this section in 206
accordance with the provisions of the order.207

       (H) Upon a violation of a protection order issued pursuant to 208
this section, the court may issue another protection order under 209
this section, as a pretrial condition of release, that modifies 210
the terms of the order that was violated.211

       (I) Notwithstanding any provision of law to the contrary and 212
regardless of whether a protection order is issued or a consent 213
agreement is approved by a court of another county or by a court 214
of another state, no court or unit of state or local government 215
shall charge any fee, cost, deposit, or money in connection with 216
the filing of a motion pursuant to this section, in connection 217
with the filing, issuance, registration, or service of a 218
protection order or consent agreement, or for obtaining certified 219
copies of a protection order or consent agreement.220

       (J) As used in this section, "sexually:221

       (1) "Sexually oriented offense" has the same meaning as in 222
section 2950.01 of the Revised Code.223

       (2) "Companion animal" has the same meaning as in section 224
959.131 of the Revised Code.225

       Sec. 2903.214.  (A) As used in this section:226

       (1) "Court" means the court of common pleas of the county in 227
which the person to be protected by the protection order resides.228

       (2) "Victim advocate" means a person who provides support and 229
assistance for a person who files a petition under this section.230

       (3) "Family or household member" has the same meaning as in 231
section 3113.31 of the Revised Code.232

       (4) "Protection order issued by a court of another state" has 233
the same meaning as in section 2919.27 of the Revised Code.234

       (5) "Sexually oriented offense" has the same meaning as in 235
section 2950.01 of the Revised Code.236

       (6) "Electronic monitoring" has the same meaning as in 237
section 2929.01 of the Revised Code.238

       (7) "Companion animal" has the same meaning as in section 239
959.131 of the Revised Code.240

       (B) The court has jurisdiction over all proceedings under 241
this section.242

       (C) A person may seek relief under this section for the 243
person, or any parent or adult household member may seek relief 244
under this section on behalf of any other family or household 245
member, by filing a petition with the court. The petition shall 246
contain or state all of the following:247

       (1) An allegation that the respondent is eighteen years of 248
age or older and engaged in a violation of section 2903.211 of the 249
Revised Code against the person to be protected by the protection 250
order or committed a sexually oriented offense against the person 251
to be protected by the protection order, including a description 252
of the nature and extent of the violation;253

       (2) If the petitioner seeks relief in the form of electronic 254
monitoring of the respondent, an allegation that at any time 255
preceding the filing of the petition the respondent engaged in 256
conduct that would cause a reasonable person to believe that the 257
health, welfare, or safety of the person to be protected was at 258
risk, a description of the nature and extent of that conduct, and 259
an allegation that the respondent presents a continuing danger to 260
the person to be protected;261

       (3) A request for relief under this section.262

       (D)(1) If a person who files a petition pursuant to this 263
section requests an ex parte order, the court shall hold an ex 264
parte hearing as soon as possible after the petition is filed, but 265
not later than the next day that the court is in session after the 266
petition is filed. The court, for good cause shown at the ex parte 267
hearing, may enter any temporary orders, with or without bond, 268
that the court finds necessary for the safety and protection of 269
the person to be protected by the order. Immediate and present 270
danger to the person to be protected by the protection order 271
constitutes good cause for purposes of this section. Immediate and 272
present danger includes, but is not limited to, situations in 273
which the respondent has threatened the person to be protected by 274
the protection order with bodily harm or in which the respondent 275
previously has been convicted of or pleaded guilty to a violation 276
of section 2903.211 of the Revised Code or a sexually oriented 277
offense against the person to be protected by the protection 278
order.279

       (2)(a) If the court, after an ex parte hearing, issues a 280
protection order described in division (E) of this section, the 281
court shall schedule a full hearing for a date that is within ten 282
court days after the ex parte hearing. The court shall give the 283
respondent notice of, and an opportunity to be heard at, the full 284
hearing. The court shall hold the full hearing on the date 285
scheduled under this division unless the court grants a 286
continuance of the hearing in accordance with this division. Under 287
any of the following circumstances or for any of the following 288
reasons, the court may grant a continuance of the full hearing to 289
a reasonable time determined by the court:290

       (i) Prior to the date scheduled for the full hearing under 291
this division, the respondent has not been served with the 292
petition filed pursuant to this section and notice of the full 293
hearing.294

       (ii) The parties consent to the continuance.295

       (iii) The continuance is needed to allow a party to obtain 296
counsel.297

       (iv) The continuance is needed for other good cause.298

       (b) An ex parte order issued under this section does not 299
expire because of a failure to serve notice of the full hearing 300
upon the respondent before the date set for the full hearing under 301
division (D)(2)(a) of this section or because the court grants a 302
continuance under that division.303

       (3) If a person who files a petition pursuant to this section 304
does not request an ex parte order, or if a person requests an ex 305
parte order but the court does not issue an ex parte order after 306
an ex parte hearing, the court shall proceed as in a normal civil 307
action and grant a full hearing on the matter.308

       (E)(1)(a) After an ex parte or full hearing, the court may 309
issue any protection order, with or without bond, that contains 310
terms designed to ensure the safety and protection of the person 311
to be protected by the protection order, including, but not 312
limited to, a requirement that the respondent refrain from 313
entering the residence, school, business, or place of employment 314
of the petitioner or family or household member. If the court 315
includes a requirement that the respondent refrain from entering 316
the residence, school, business, or place of employment of the 317
petitioner or family or household member in the order, it also 318
shall include in the order provisions of the type described in 319
division (E)(5) of this section. The court may include within the 320
scope of a protection order issued under this section any 321
companion animal that is in the residence of the person to be 322
protected and may issue additional orders as it considers 323
appropriate for the protection of the companion animal, including 324
any of the following:325

       (i) An order directing the respondent to refrain from 326
abusing, threatening, injuring, concealing, disposing of, or 327
interfering with the care, custody, and control of a companion 328
animal that is in the possession of the person to be protected or 329
the respondent or that is owned by the person to be protected;330

       (ii) An order to remove a companion animal from the 331
possession of the respondent;332

       (iii) An order permitting the person to be protected to 333
return to the residence to remove a companion animal from the 334
possession of the respondent;335

       (iv) An order prohibiting the respondent from having any 336
contact with the companion animal;337

       (v) An order directing law enforcement to assist in the safe 338
removal of a companion animal from the possession of the 339
respondent.340

       (b) After a full hearing, if the court considering a petition 341
that includes an allegation of the type described in division 342
(C)(2) of this section, or the court upon its own motion, finds 343
upon clear and convincing evidence that the petitioner reasonably 344
believed that the respondent's conduct at any time preceding the 345
filing of the petition endangered the health, welfare, or safety 346
of the person to be protected and that the respondent presents a 347
continuing danger to the person to be protected, the court may 348
order that the respondent be electronically monitored for a period 349
of time and under the terms and conditions that the court 350
determines are appropriate. Electronic monitoring shall be in 351
addition to any other relief granted to the petitioner.352

       (2)(a) Any protection order issued pursuant to this section 353
shall be valid until a date certain but not later than five years 354
from the date of its issuance.355

       (b) Any protection order issued pursuant to this section may 356
be renewed in the same manner as the original order was issued.357

       (3) A court may not issue a protection order that requires a 358
petitioner to do or to refrain from doing an act that the court 359
may require a respondent to do or to refrain from doing under 360
division (E)(1) of this section unless all of the following apply:361

       (a) The respondent files a separate petition for a protection 362
order in accordance with this section.363

       (b) The petitioner is served with notice of the respondent's 364
petition at least forty-eight hours before the court holds a 365
hearing with respect to the respondent's petition, or the 366
petitioner waives the right to receive this notice.367

       (c) If the petitioner has requested an ex parte order 368
pursuant to division (D) of this section, the court does not delay 369
any hearing required by that division beyond the time specified in 370
that division in order to consolidate the hearing with a hearing 371
on the petition filed by the respondent.372

       (d) After a full hearing at which the respondent presents 373
evidence in support of the request for a protection order and the 374
petitioner is afforded an opportunity to defend against that 375
evidence, the court determines that the petitioner has committed a 376
violation of section 2903.211 of the Revised Code against the 377
person to be protected by the protection order issued pursuant to 378
division (E)(3) of this section, has committed a sexually oriented 379
offense against the person to be protected by the protection order 380
issued pursuant to division (E)(3) of this section, or has 381
violated a protection order issued pursuant to section 2903.213 of 382
the Revised Code relative to the person to be protected by the 383
protection order issued pursuant to division (E)(3) of this 384
section.385

       (4) No protection order issued pursuant to this section shall 386
in any manner affect title to any real property.387

       (5)(a) If the court issues a protection order under this 388
section that includes a requirement that the alleged offender 389
refrain from entering the residence, school, business, or place of 390
employment of the petitioner or a family or household member, the 391
order shall clearly state that the order cannot be waived or 392
nullified by an invitation to the alleged offender from the 393
complainant to enter the residence, school, business, or place of 394
employment or by the alleged offender's entry into one of those 395
places otherwise upon the consent of the petitioner or family or 396
household member.397

       (b) Division (E)(5)(a) of this section does not limit any 398
discretion of a court to determine that an alleged offender 399
charged with a violation of section 2919.27 of the Revised Code, 400
with a violation of a municipal ordinance substantially equivalent 401
to that section, or with contempt of court, which charge is based 402
on an alleged violation of a protection order issued under this 403
section, did not commit the violation or was not in contempt of 404
court.405

       (F)(1) The court shall cause the delivery of a copy of any 406
protection order that is issued under this section to the 407
petitioner, to the respondent, and to all law enforcement agencies 408
that have jurisdiction to enforce the order. The court shall 409
direct that a copy of the order be delivered to the respondent on 410
the same day that the order is entered.411

       (2) Upon the issuance of a protection order under this 412
section, the court shall provide the parties to the order with the 413
following notice orally or by form:414

"NOTICE
415

       As a result of this order, it may be unlawful for you to 416
possess or purchase a firearm, including a rifle, pistol, or 417
revolver, or ammunition pursuant to federal law under 18 U.S.C. 418
922(g)(8). If you have any questions whether this law makes it 419
illegal for you to possess or purchase a firearm or ammunition, 420
you should consult an attorney."421

       (3) All law enforcement agencies shall establish and maintain 422
an index for the protection orders delivered to the agencies 423
pursuant to division (F)(1) of this section. With respect to each 424
order delivered, each agency shall note on the index the date and 425
time that it received the order.426

       (4) Regardless of whether the petitioner has registered the 427
protection order in the county in which the officer's agency has 428
jurisdiction pursuant to division (M) of this section, any officer 429
of a law enforcement agency shall enforce a protection order 430
issued pursuant to this section by any court in this state in 431
accordance with the provisions of the order, including removing 432
the respondent from the premises, if appropriate.433

       (G) Any proceeding under this section shall be conducted in 434
accordance with the Rules of Civil Procedure, except that a 435
protection order may be obtained under this section with or 436
without bond. An order issued under this section, other than an ex 437
parte order, that grants a protection order, or that refuses to 438
grant a protection order, is a final, appealable order. The 439
remedies and procedures provided in this section are in addition 440
to, and not in lieu of, any other available civil or criminal 441
remedies.442

       (H) The filing of proceedings under this section does not 443
excuse a person from filing any report or giving any notice 444
required by section 2151.421 of the Revised Code or by any other 445
law.446

       (I) Any law enforcement agency that investigates an alleged 447
violation of section 2903.211 of the Revised Code or an alleged 448
commission of a sexually oriented offense shall provide 449
information to the victim and the family or household members of 450
the victim regarding the relief available under this section and 451
section 2903.213 of the Revised Code.452

       (J) Notwithstanding any provision of law to the contrary and 453
regardless of whether a protection order is issued or a consent 454
agreement is approved by a court of another county or by a court 455
of another state, no court or unit of state or local government 456
shall charge any fee, cost, deposit, or money in connection with 457
the filing of a petition pursuant to this section, in connection 458
with the filing, issuance, registration, or service of a 459
protection order or consent agreement, or for obtaining a 460
certified copy of a protection order or consent agreement.461

       (K)(1) A person who violates a protection order issued under 462
this section is subject to the following sanctions:463

       (a) Criminal prosecution for a violation of section 2919.27 464
of the Revised Code, if the violation of the protection order 465
constitutes a violation of that section;466

       (b) Punishment for contempt of court.467

       (2) The punishment of a person for contempt of court for 468
violation of a protection order issued under this section does not 469
bar criminal prosecution of the person for a violation of section 470
2919.27 of the Revised Code. However, a person punished for 471
contempt of court is entitled to credit for the punishment imposed 472
upon conviction of a violation of that section, and a person 473
convicted of a violation of that section shall not subsequently be 474
punished for contempt of court arising out of the same activity.475

       (L) In all stages of a proceeding under this section, a 476
petitioner may be accompanied by a victim advocate.477

       (M)(1) A petitioner who obtains a protection order under this 478
section or a protection order under section 2903.213 of the 479
Revised Code may provide notice of the issuance or approval of the 480
order to the judicial and law enforcement officials in any county 481
other than the county in which the order is issued by registering 482
that order in the other county pursuant to division (M)(2) of this 483
section and filing a copy of the registered order with a law 484
enforcement agency in the other county in accordance with that 485
division. A person who obtains a protection order issued by a 486
court of another state may provide notice of the issuance of the 487
order to the judicial and law enforcement officials in any county 488
of this state by registering the order in that county pursuant to 489
section 2919.272 of the Revised Code and filing a copy of the 490
registered order with a law enforcement agency in that county.491

       (2) A petitioner may register a protection order issued 492
pursuant to this section or section 2903.213 of the Revised Code 493
in a county other than the county in which the court that issued 494
the order is located in the following manner:495

       (a) The petitioner shall obtain a certified copy of the order 496
from the clerk of the court that issued the order and present that 497
certified copy to the clerk of the court of common pleas or the 498
clerk of a municipal court or county court in the county in which 499
the order is to be registered.500

       (b) Upon accepting the certified copy of the order for 501
registration, the clerk of the court of common pleas, municipal 502
court, or county court shall place an endorsement of registration 503
on the order and give the petitioner a copy of the order that 504
bears that proof of registration.505

       (3) The clerk of each court of common pleas, municipal court, 506
or county court shall maintain a registry of certified copies of 507
protection orders that have been issued by courts in other 508
counties pursuant to this section or section 2903.213 of the 509
Revised Code and that have been registered with the clerk.510

       (N)(1) If the court orders electronic monitoring of the 511
respondent under this section, the court shall direct the 512
sheriff's office or any other appropriate law enforcement agency 513
to install the electronic monitoring device and to monitor the 514
respondent. Unless the court determines that the respondent is 515
indigent, the court shall order the respondent to pay the cost of 516
the installation and monitoring of the electronic monitoring 517
device. If the court determines that the respondent is indigent 518
and subject to the maximum amount allowable to be paid in any year 519
from the fund and the rules promulgated by the attorney general 520
under division (N)(2) of this section, the cost of the 521
installation and monitoring of the electronic monitoring device 522
may be paid out of funds from the reparations fund created 523
pursuant to section 2743.191 of the Revised Code. The total amount 524
of costs for the installation and monitoring of electronic 525
monitoring devices paid pursuant to this division and sections 526
2151.34 and 2919.27 of the Revised Code from the reparations fund 527
shall not exceed three hundred thousand dollars per year. 528

       (2) The attorney general may promulgate rules pursuant to 529
section 111.15 of the Revised Code to govern payments made from 530
the reparations fund pursuant to this division and sections 531
2151.34 and 2919.27 of the Revised Code. The rules may include 532
reasonable limits on the total cost paid pursuant to this division 533
and sections 2151.34 and 2919.27 of the Revised Code per 534
respondent, the amount of the three hundred thousand dollars 535
allocated to each county, and how invoices may be submitted by a 536
county, court, or other entity.537

       Sec. 2919.26.  (A)(1) Upon the filing of a complaint that 538
alleges a violation of section 2909.06, 2909.07, 2911.12, or 539
2911.211 of the Revised Code if the alleged victim of the 540
violation was a family or household member at the time of the 541
violation, a violation of a municipal ordinance that is 542
substantially similar to any of those sections if the alleged 543
victim of the violation was a family or household member at the 544
time of the violation, any offense of violence if the alleged 545
victim of the offense was a family or household member at the time 546
of the commission of the offense, or any sexually oriented offense 547
if the alleged victim of the offense was a family or household 548
member at the time of the commission of the offense, the 549
complainant, the alleged victim, or a family or household member 550
of an alleged victim may file, or, if in an emergency the alleged 551
victim is unable to file, a person who made an arrest for the 552
alleged violation or offense under section 2935.03 of the Revised 553
Code may file on behalf of the alleged victim, a motion that 554
requests the issuance of a temporary protection order as a 555
pretrial condition of release of the alleged offender, in addition 556
to any bail set under Criminal Rule 46. The motion shall be filed 557
with the clerk of the court that has jurisdiction of the case at 558
any time after the filing of the complaint.559

       (2) For purposes of section 2930.09 of the Revised Code, all 560
stages of a proceeding arising out of a complaint alleging the 561
commission of a violation, offense of violence, or sexually 562
oriented offense described in division (A)(1) of this section, 563
including all proceedings on a motion for a temporary protection 564
order, are critical stages of the case, and a victim may be 565
accompanied by a victim advocate or another person to provide 566
support to the victim as provided in that section.567

       (B) The motion shall be prepared on a form that is provided 568
by the clerk of the court, which form shall be substantially as 569
follows:570

"MOTION FOR TEMPORARY PROTECTION ORDER
571

.......................... Court
572

Name and address of court
573

State of Ohio574

v. No. .......... 575

..........................................576

Name of Defendant577

(name of person), moves the court to issue a temporary protection 578
order containing terms designed to ensure the safety and 579
protection of the complainant, alleged victim, and other family or 580
household members, in relation to the named defendant, pursuant to 581
its authority to issue such an order under section 2919.26 of the 582
Revised Code.583

       A complaint, a copy of which has been attached to this 584
motion, has been filed in this court charging the named defendant 585
with .......................... (name of the specified violation, 586
the offense of violence, or sexually oriented offense charged) in 587
circumstances in which the victim was a family or household member 588
in violation of (section of the Revised Code designating the 589
specified violation, offense of violence, or sexually oriented 590
offense charged), or charging the named defendant with a violation 591
of a municipal ordinance that is substantially similar to 592
........................ (section of the Revised Code designating 593
the specified violation, offense of violence, or sexually oriented 594
offense charged) involving a family or household member.595

       I understand that I must appear before the court, at a time 596
set by the court within twenty-four hours after the filing of this 597
motion, for a hearing on the motion or that, if I am unable to 598
appear because of hospitalization or a medical condition resulting 599
from the offense alleged in the complaint, a person who can 600
provide information about my need for a temporary protection order 601
must appear before the court in lieu of my appearing in court. I 602
understand that any temporary protection order granted pursuant to 603
this motion is a pretrial condition of release and is effective 604
only until the disposition of the criminal proceeding arising out 605
of the attached complaint, or the issuance of a civil protection 606
order or the approval of a consent agreement, arising out of the 607
same activities as those that were the basis of the complaint, 608
under section 3113.31 of the Revised Code.609

..........................................610

Signature of person611

(or signature of the arresting officer who filed the motion on 612
behalf of the alleged victim)613

..........................................614

Address of person (or office address of the arresting officer who 615
filed the motion on behalf of the alleged victim)"616

       (C)(1) As soon as possible after the filing of a motion that 617
requests the issuance of a temporary protection order, but not 618
later than twenty-four hours after the filing of the motion, the 619
court shall conduct a hearing to determine whether to issue the 620
order. The person who requested the order shall appear before the 621
court and provide the court with the information that it requests 622
concerning the basis of the motion. If the person who requested 623
the order is unable to appear and if the court finds that the 624
failure to appear is because of the person's hospitalization or 625
medical condition resulting from the offense alleged in the 626
complaint, another person who is able to provide the court with 627
the information it requests may appear in lieu of the person who 628
requested the order. If the court finds that the safety and 629
protection of the complainant, alleged victim, or any other family 630
or household member of the alleged victim may be impaired by the 631
continued presence of the alleged offender, the court may issue a 632
temporary protection order, as a pretrial condition of release, 633
that contains terms designed to ensure the safety and protection 634
of the complainant, alleged victim, or the family or household 635
member, including a requirement that the alleged offender refrain 636
from entering the residence, school, business, or place of 637
employment of the complainant, alleged victim, or the family or 638
household member. The court may include within the scope of a 639
protection order issued under this section any companion animal 640
that is in the complainant's or alleged victim's residence as 641
described in division (D)(1) of this section.642

       (2)(a) If the court issues a temporary protection order that 643
includes a requirement that the alleged offender refrain from 644
entering the residence, school, business, or place of employment 645
of the complainant, the alleged victim, or the family or household 646
member, the order shall state clearly that the order cannot be 647
waived or nullified by an invitation to the alleged offender from 648
the complainant, alleged victim, or family or household member to 649
enter the residence, school, business, or place of employment or 650
by the alleged offender's entry into one of those places otherwise 651
upon the consent of the complainant, alleged victim, or family or 652
household member.653

       (b) Division (C)(2)(a) of this section does not limit any 654
discretion of a court to determine that an alleged offender 655
charged with a violation of section 2919.27 of the Revised Code, 656
with a violation of a municipal ordinance substantially equivalent 657
to that section, or with contempt of court, which charge is based 658
on an alleged violation of a temporary protection order issued 659
under this section, did not commit the violation or was not in 660
contempt of court.661

       (D)(1) Upon the filing of a complaint that alleges a 662
violation of section 2909.06, 2909.07, 2911.12, or 2911.211 of the 663
Revised Code if the alleged victim of the violation was a family 664
or household member at the time of the violation, a violation of a 665
municipal ordinance that is substantially similar to any of those 666
sections if the alleged victim of the violation was a family or 667
household member at the time of the violation, any offense of 668
violence if the alleged victim of the offense was a family or 669
household member at the time of the commission of the offense, or 670
any sexually oriented offense if the alleged victim of the offense 671
was a family or household member at the time of the commission of 672
the offense, the court, upon its own motion, may issue a temporary 673
protection order as a pretrial condition of release if it finds 674
that the safety and protection of the complainant, alleged victim, 675
or other family or household member of the alleged offender may be 676
impaired by the continued presence of the alleged offender. The 677
court may include within the scope of a protection order issued 678
under this section any companion animal that is in the 679
complainant's or alleged victim's residence and may issue 680
additional orders as it considers appropriate for the protection 681
of the companion animal, including any of the following:682

       (a) An order directing the alleged offender to refrain from 683
abusing, threatening, injuring, concealing, disposing of, or 684
interfering with the care, custody, and control of a companion 685
animal that is in the possession of the complainant or the alleged 686
victim or the alleged offender or that is owned by the complainant 687
or the alleged victim;688

       (b) An order to remove a companion animal from the possession 689
of the alleged offender;690

       (c) An order permitting the complainant or the alleged victim 691
to return to the residence to remove a companion animal from the 692
possession of the alleged offender;693

       (d) An order prohibiting the alleged offender from having any 694
contact with the companion animal;695

       (e) An order directing law enforcement to assist in the safe 696
removal of a companion animal from the possession of the alleged 697
offender.698

       (2) If the court issues a temporary protection order under 699
this section as an ex parte order, it shall conduct, as soon as 700
possible after the issuance of the order, a hearing in the 701
presence of the alleged offender not later than the next day on 702
which the court is scheduled to conduct business after the day on 703
which the alleged offender was arrested or at the time of the 704
appearance of the alleged offender pursuant to summons to 705
determine whether the order should remain in effect, be modified, 706
or be revoked. The hearing shall be conducted under the standards 707
set forth in division (C) of this section.708

       (3) An order issued under this section shall contain only 709
those terms authorized in orders issued under division (C) of this 710
section.711

       (4) If a municipal court or a county court issues a temporary 712
protection order under this section and if, subsequent to the 713
issuance of the order, the alleged offender who is the subject of 714
the order is bound over to the court of common pleas for 715
prosecution of a felony arising out of the same activities as 716
those that were the basis of the complaint upon which the order is 717
based, notwithstanding the fact that the order was issued by a 718
municipal court or county court, the order shall remain in effect, 719
as though it were an order of the court of common pleas, while the 720
charges against the alleged offender are pending in the court of 721
common pleas, for the period of time described in division (E)(2) 722
of this section, and the court of common pleas has exclusive 723
jurisdiction to modify the order issued by the municipal court or 724
county court. This division applies when the alleged offender is 725
bound over to the court of common pleas as a result of the person 726
waiving a preliminary hearing on the felony charge, as a result of 727
the municipal court or county court having determined at a 728
preliminary hearing that there is probable cause to believe that 729
the felony has been committed and that the alleged offender 730
committed it, as a result of the alleged offender having been 731
indicted for the felony, or in any other manner.732

       (E) A temporary protection order that is issued as a pretrial 733
condition of release under this section:734

       (1) Is in addition to, but shall not be construed as a part 735
of, any bail set under Criminal Rule 46;736

       (2) Is effective only until the occurrence of either of the 737
following:738

       (a) The disposition, by the court that issued the order or, 739
in the circumstances described in division (D)(4) of this section, 740
by the court of common pleas to which the alleged offender is 741
bound over for prosecution, of the criminal proceeding arising out 742
of the complaint upon which the order is based;743

       (b) The issuance of a protection order or the approval of a 744
consent agreement, arising out of the same activities as those 745
that were the basis of the complaint upon which the order is 746
based, under section 3113.31 of the Revised Code;747

       (3) Shall not be construed as a finding that the alleged 748
offender committed the alleged offense, and shall not be 749
introduced as evidence of the commission of the offense at the 750
trial of the alleged offender on the complaint upon which the 751
order is based.752

       (F) A person who meets the criteria for bail under Criminal 753
Rule 46 and who, if required to do so pursuant to that rule, 754
executes or posts bond or deposits cash or securities as bail, 755
shall not be held in custody pending a hearing before the court on 756
a motion requesting a temporary protection order.757

       (G)(1) A copy of any temporary protection order that is 758
issued under this section shall be issued by the court to the 759
complainant, to the alleged victim, to the person who requested 760
the order, to the defendant, and to all law enforcement agencies 761
that have jurisdiction to enforce the order. The court shall 762
direct that a copy of the order be delivered to the defendant on 763
the same day that the order is entered. If a municipal court or a 764
county court issues a temporary protection order under this 765
section and if, subsequent to the issuance of the order, the 766
defendant who is the subject of the order is bound over to the 767
court of common pleas for prosecution as described in division 768
(D)(4) of this section, the municipal court or county court shall 769
direct that a copy of the order be delivered to the court of 770
common pleas to which the defendant is bound over.771

       (2) Upon the issuance of a protection order under this 772
section, the court shall provide the parties to the order with the 773
following notice orally or by form:774

"NOTICE
775

        As a result of this protection order, it may be unlawful for 776
you to possess or purchase a firearm, including a rifle, pistol, 777
or revolver, or ammunition pursuant to federal law under 18 U.S.C. 778
922(g)(8). If you have any questions whether this law makes it 779
illegal for you to possess or purchase a firearm or ammunition, 780
you should consult an attorney."781

       (3) All law enforcement agencies shall establish and maintain 782
an index for the temporary protection orders delivered to the 783
agencies pursuant to division (G)(1) of this section. With respect 784
to each order delivered, each agency shall note on the index, the 785
date and time of the receipt of the order by the agency.786

       (4) A complainant, alleged victim, or other person who 787
obtains a temporary protection order under this section may 788
provide notice of the issuance of the temporary protection order 789
to the judicial and law enforcement officials in any county other 790
than the county in which the order is issued by registering that 791
order in the other county in accordance with division (N) of 792
section 3113.31 of the Revised Code and filing a copy of the 793
registered protection order with a law enforcement agency in the 794
other county in accordance with that division.795

       (5) Any officer of a law enforcement agency shall enforce a 796
temporary protection order issued by any court in this state in 797
accordance with the provisions of the order, including removing 798
the defendant from the premises, regardless of whether the order 799
is registered in the county in which the officer's agency has 800
jurisdiction as authorized by division (G)(4) of this section.801

       (H) Upon a violation of a temporary protection order, the 802
court may issue another temporary protection order, as a pretrial 803
condition of release, that modifies the terms of the order that 804
was violated.805

       (I)(1) As used in divisions (I)(1) and (2) of this section, 806
"defendant" means a person who is alleged in a complaint to have 807
committed a violation, offense of violence, or sexually oriented 808
offense of the type described in division (A) of this section.809

       (2) If a complaint is filed that alleges that a person 810
committed a violation, offense of violence, or sexually oriented 811
offense of the type described in division (A) of this section, the 812
court may not issue a temporary protection order under this 813
section that requires the complainant, the alleged victim, or 814
another family or household member of the defendant to do or 815
refrain from doing an act that the court may require the defendant 816
to do or refrain from doing under a temporary protection order 817
unless both of the following apply:818

       (a) The defendant has filed a separate complaint that alleges 819
that the complainant, alleged victim, or other family or household 820
member in question who would be required under the order to do or 821
refrain from doing the act committed a violation or offense of 822
violence of the type described in division (A) of this section.823

       (b) The court determines that both the complainant, alleged 824
victim, or other family or household member in question who would 825
be required under the order to do or refrain from doing the act 826
and the defendant acted primarily as aggressors, that neither the 827
complainant, alleged victim, or other family or household member 828
in question who would be required under the order to do or refrain 829
from doing the act nor the defendant acted primarily in 830
self-defense, and, in accordance with the standards and criteria 831
of this section as applied in relation to the separate complaint 832
filed by the defendant, that it should issue the order to require 833
the complainant, alleged victim, or other family or household 834
member in question to do or refrain from doing the act.835

       (J) Notwithstanding any provision of law to the contrary and 836
regardless of whether a protection order is issued or a consent 837
agreement is approved by a court of another county or a court of 838
another state, no court or unit of state or local government shall 839
charge any fee, cost, deposit, or money in connection with the 840
filing of a motion pursuant to this section, in connection with 841
the filing, issuance, registration, or service of a protection 842
order or consent agreement, or for obtaining a certified copy of a 843
protection order or consent agreement.844

       (K) As used in this section:845

       (1) "Companion animal" has the same meaning as in section 846
959.131 of the Revised Code.847

       (2) "Sexually oriented offense" has the same meaning as in 848
section 2950.01 of the Revised Code.849

       (2)(3) "Victim advocate" means a person who provides support 850
and assistance for a victim of an offense during court 851
proceedings.852

       Sec. 3113.31.  (A) As used in this section: 853

       (1) "Domestic violence" means the occurrence of one or more 854
of the following acts against a family or household member: 855

       (a) Attempting to cause or recklessly causing bodily injury; 856

       (b) Placing another person by the threat of force in fear of 857
imminent serious physical harm or committing a violation of 858
section 2903.211 or 2911.211 of the Revised Code; 859

       (c) Committing any act with respect to a child that would 860
result in the child being an abused child, as defined in section 861
2151.031 of the Revised Code; 862

       (d) Committing a sexually oriented offense. 863

       (2) "Court" means the domestic relations division of the 864
court of common pleas in counties that have a domestic relations 865
division and the court of common pleas in counties that do not 866
have a domestic relations division, or the juvenile division of 867
the court of common pleas of the county in which the person to be 868
protected by a protection order issued or a consent agreement 869
approved under this section resides if the respondent is less than 870
eighteen years of age. 871

       (3) "Family or household member" means any of the following: 872

       (a) Any of the following who is residing with or has resided 873
with the respondent: 874

       (i) A spouse, a person living as a spouse, or a former spouse 875
of the respondent; 876

       (ii) A parent, a foster parent, or a child of the respondent, 877
or another person related by consanguinity or affinity to the 878
respondent; 879

       (iii) A parent or a child of a spouse, person living as a 880
spouse, or former spouse of the respondent, or another person 881
related by consanguinity or affinity to a spouse, person living as 882
a spouse, or former spouse of the respondent. 883

       (b) The natural parent of any child of whom the respondent is 884
the other natural parent or is the putative other natural parent. 885

       (4) "Person living as a spouse" means a person who is living 886
or has lived with the respondent in a common law marital 887
relationship, who otherwise is cohabiting with the respondent, or 888
who otherwise has cohabited with the respondent within five years 889
prior to the date of the alleged occurrence of the act in 890
question. 891

       (5) "Victim advocate" means a person who provides support and 892
assistance for a person who files a petition under this section. 893

       (6) "Sexually oriented offense" has the same meaning as in 894
section 2950.01 of the Revised Code. 895

       (7) "Companion animal" has the same meaning as in section 896
959.131 of the Revised Code.897

       (B) The court has jurisdiction over all proceedings under 898
this section. The petitioner's right to relief under this section 899
is not affected by the petitioner's leaving the residence or 900
household to avoid further domestic violence. 901

       (C) A person may seek relief under this section on the 902
person's own behalf, or any parent or adult household member may 903
seek relief under this section on behalf of any other family or 904
household member, by filing a petition with the court. The 905
petition shall contain or state: 906

       (1) An allegation that the respondent engaged in domestic 907
violence against a family or household member of the respondent, 908
including a description of the nature and extent of the domestic 909
violence; 910

       (2) The relationship of the respondent to the petitioner, and 911
to the victim if other than the petitioner; 912

       (3) A request for relief under this section. 913

       (D)(1) If a person who files a petition pursuant to this 914
section requests an ex parte order, the court shall hold an ex 915
parte hearing on the same day that the petition is filed. The 916
court, for good cause shown at the ex parte hearing, may enter any 917
temporary orders, with or without bond, including, but not limited 918
to, an order described in division (E)(1)(a), (b), or (c) of this 919
section, that the court finds necessary to protect the family or 920
household member from domestic violence. Immediate and present 921
danger of domestic violence to the family or household member 922
constitutes good cause for purposes of this section. Immediate and 923
present danger includes, but is not limited to, situations in 924
which the respondent has threatened the family or household member 925
with bodily harm, in which the respondent has threatened the 926
family or household member with a sexually oriented offense, or in 927
which the respondent previously has been convicted of, pleaded 928
guilty to, or been adjudicated a delinquent child for an offense 929
that constitutes domestic violence against the family or household 930
member. 931

       (2)(a) If the court, after an ex parte hearing, issues an 932
order described in division (E)(1)(b) or (c) of this section, the 933
court shall schedule a full hearing for a date that is within 934
seven court days after the ex parte hearing. If any other type of 935
protection order that is authorized under division (E) of this 936
section is issued by the court after an ex parte hearing, the 937
court shall schedule a full hearing for a date that is within ten 938
court days after the ex parte hearing. The court shall give the 939
respondent notice of, and an opportunity to be heard at, the full 940
hearing. The court shall hold the full hearing on the date 941
scheduled under this division unless the court grants a 942
continuance of the hearing in accordance with this division. Under 943
any of the following circumstances or for any of the following 944
reasons, the court may grant a continuance of the full hearing to 945
a reasonable time determined by the court: 946

       (i) Prior to the date scheduled for the full hearing under 947
this division, the respondent has not been served with the 948
petition filed pursuant to this section and notice of the full 949
hearing. 950

       (ii) The parties consent to the continuance. 951

       (iii) The continuance is needed to allow a party to obtain 952
counsel. 953

       (iv) The continuance is needed for other good cause. 954

       (b) An ex parte order issued under this section does not 955
expire because of a failure to serve notice of the full hearing 956
upon the respondent before the date set for the full hearing under 957
division (D)(2)(a) of this section or because the court grants a 958
continuance under that division. 959

       (3) If a person who files a petition pursuant to this section 960
does not request an ex parte order, or if a person requests an ex 961
parte order but the court does not issue an ex parte order after 962
an ex parte hearing, the court shall proceed as in a normal civil 963
action and grant a full hearing on the matter. 964

       (E)(1) After an ex parte or full hearing, the court may grant 965
any protection order, with or without bond, or approve any consent 966
agreement to bring about a cessation of domestic violence against 967
the family or household members. The order or agreement may: 968

       (a) Direct the respondent to refrain from abusing or from 969
committing sexually oriented offenses against the family or 970
household members; 971

       (b) Grant possession of the residence or household to the 972
petitioner or other family or household member, to the exclusion 973
of the respondent, by evicting the respondent, when the residence 974
or household is owned or leased solely by the petitioner or other 975
family or household member, or by ordering the respondent to 976
vacate the premises, when the residence or household is jointly 977
owned or leased by the respondent, and the petitioner or other 978
family or household member; 979

       (c) When the respondent has a duty to support the petitioner 980
or other family or household member living in the residence or 981
household and the respondent is the sole owner or lessee of the 982
residence or household, grant possession of the residence or 983
household to the petitioner or other family or household member, 984
to the exclusion of the respondent, by ordering the respondent to 985
vacate the premises, or, in the case of a consent agreement, allow 986
the respondent to provide suitable, alternative housing; 987

       (d) Temporarily allocate parental rights and responsibilities 988
for the care of, or establish temporary parenting time rights with 989
regard to, minor children, if no other court has determined, or is 990
determining, the allocation of parental rights and 991
responsibilities for the minor children or parenting time rights; 992

       (e) Require the respondent to maintain support, if the 993
respondent customarily provides for or contributes to the support 994
of the family or household member, or if the respondent has a duty 995
to support the petitioner or family or household member; 996

       (f) Require the respondent, petitioner, victim of domestic 997
violence, or any combination of those persons, to seek counseling; 998

       (g) Require the respondent to refrain from entering the 999
residence, school, business, or place of employment of the 1000
petitioner or family or household member; 1001

       (h) Grant other relief that the court considers equitable and 1002
fair, including, but not limited to, ordering the respondent to 1003
permit the use of a motor vehicle by the petitioner or other 1004
family or household member and the apportionment of household and 1005
family personal property. 1006

       (2) If a protection order has been issued pursuant to this 1007
section in a prior action involving the respondent and the 1008
petitioner or one or more of the family or household members or 1009
victims, the court may include in a protection order that it 1010
issues a prohibition against the respondent returning to the 1011
residence or household. If it includes a prohibition against the 1012
respondent returning to the residence or household in the order, 1013
it also shall include in the order provisions of the type 1014
described in division (E)(7) of this section. This division does 1015
not preclude the court from including in a protection order or 1016
consent agreement, in circumstances other than those described in 1017
this division, a requirement that the respondent be evicted from 1018
or vacate the residence or household or refrain from entering the 1019
residence, school, business, or place of employment of the 1020
petitioner or a family or household member, and, if the court 1021
includes any requirement of that type in an order or agreement, 1022
the court also shall include in the order provisions of the type 1023
described in division (E)(7) of this section. 1024

       (3)(a) Any protection order issued or consent agreement 1025
approved under this section shall be valid until a date certain, 1026
but not later than five years from the date of its issuance or 1027
approval, or not later than the date a respondent who is less than 1028
eighteen years of age attains nineteen years of age, unless 1029
modified or terminated as provided in division (E)(8) of this 1030
section. 1031

       (b) Subject to the limitation on the duration of an order or 1032
agreement set forth in division (E)(3)(a) of this section, any 1033
order under division (E)(1)(d) of this section shall terminate on 1034
the date that a court in an action for divorce, dissolution of 1035
marriage, or legal separation brought by the petitioner or 1036
respondent issues an order allocating parental rights and 1037
responsibilities for the care of children or on the date that a 1038
juvenile court in an action brought by the petitioner or 1039
respondent issues an order awarding legal custody of minor 1040
children. Subject to the limitation on the duration of an order or 1041
agreement set forth in division (E)(3)(a) of this section, any 1042
order under division (E)(1)(e) of this section shall terminate on 1043
the date that a court in an action for divorce, dissolution of 1044
marriage, or legal separation brought by the petitioner or 1045
respondent issues a support order or on the date that a juvenile 1046
court in an action brought by the petitioner or respondent issues 1047
a support order. 1048

       (c) Any protection order issued or consent agreement approved 1049
pursuant to this section may be renewed in the same manner as the 1050
original order or agreement was issued or approved. 1051

       (4) A court may not issue a protection order that requires a 1052
petitioner to do or to refrain from doing an act that the court 1053
may require a respondent to do or to refrain from doing under 1054
division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this 1055
section unless all of the following apply: 1056

       (a) The respondent files a separate petition for a protection 1057
order in accordance with this section. 1058

       (b) The petitioner is served notice of the respondent's 1059
petition at least forty-eight hours before the court holds a 1060
hearing with respect to the respondent's petition, or the 1061
petitioner waives the right to receive this notice. 1062

       (c) If the petitioner has requested an ex parte order 1063
pursuant to division (D) of this section, the court does not delay 1064
any hearing required by that division beyond the time specified in 1065
that division in order to consolidate the hearing with a hearing 1066
on the petition filed by the respondent. 1067

       (d) After a full hearing at which the respondent presents 1068
evidence in support of the request for a protection order and the 1069
petitioner is afforded an opportunity to defend against that 1070
evidence, the court determines that the petitioner has committed 1071
an act of domestic violence or has violated a temporary protection 1072
order issued pursuant to section 2919.26 of the Revised Code, that 1073
both the petitioner and the respondent acted primarily as 1074
aggressors, and that neither the petitioner nor the respondent 1075
acted primarily in self-defense. 1076

       (5) No protection order issued or consent agreement approved 1077
under this section shall in any manner affect title to any real 1078
property. 1079

       (6)(a) If a petitioner, or the child of a petitioner, who 1080
obtains a protection order or consent agreement pursuant to 1081
division (E)(1) of this section or a temporary protection order 1082
pursuant to section 2919.26 of the Revised Code and is the subject 1083
of a parenting time order issued pursuant to section 3109.051 or 1084
3109.12 of the Revised Code or a visitation or companionship order 1085
issued pursuant to section 3109.051, 3109.11, or 3109.12 of the 1086
Revised Code or division (E)(1)(d) of this section granting 1087
parenting time rights to the respondent, the court may require the 1088
public children services agency of the county in which the court 1089
is located to provide supervision of the respondent's exercise of 1090
parenting time or visitation or companionship rights with respect 1091
to the child for a period not to exceed nine months, if the court 1092
makes the following findings of fact: 1093

       (i) The child is in danger from the respondent; 1094

       (ii) No other person or agency is available to provide the 1095
supervision. 1096

       (b) A court that requires an agency to provide supervision 1097
pursuant to division (E)(6)(a) of this section shall order the 1098
respondent to reimburse the agency for the cost of providing the 1099
supervision, if it determines that the respondent has sufficient 1100
income or resources to pay that cost. 1101

       (7)(a) If a protection order issued or consent agreement 1102
approved under this section includes a requirement that the 1103
respondent be evicted from or vacate the residence or household or 1104
refrain from entering the residence, school, business, or place of 1105
employment of the petitioner or a family or household member, the 1106
order or agreement shall state clearly that the order or agreement 1107
cannot be waived or nullified by an invitation to the respondent 1108
from the petitioner or other family or household member to enter 1109
the residence, school, business, or place of employment or by the 1110
respondent's entry into one of those places otherwise upon the 1111
consent of the petitioner or other family or household member. 1112

       (b) Division (E)(7)(a) of this section does not limit any 1113
discretion of a court to determine that a respondent charged with 1114
a violation of section 2919.27 of the Revised Code, with a 1115
violation of a municipal ordinance substantially equivalent to 1116
that section, or with contempt of court, which charge is based on 1117
an alleged violation of a protection order issued or consent 1118
agreement approved under this section, did not commit the 1119
violation or was not in contempt of court. 1120

       (8)(a) The court may modify or terminate as provided in 1121
division (E)(8) of this section a protection order or consent 1122
agreement that was issued after a full hearing under this section. 1123
The court that issued the protection order or approved the consent 1124
agreement shall hear a motion for modification or termination of 1125
the protection order or consent agreement pursuant to division 1126
(E)(8) of this section. 1127

       (b) Either the petitioner or the respondent of the original 1128
protection order or consent agreement may bring a motion for 1129
modification or termination of a protection order or consent 1130
agreement that was issued or approved after a full hearing. The 1131
court shall require notice of the motion to be made as provided by 1132
the Rules of Civil Procedure. If the petitioner for the original 1133
protection order or consent agreement has requested that the 1134
petitioner's address be kept confidential, the court shall not 1135
disclose the address to the respondent of the original protection 1136
order or consent agreement or any other person, except as 1137
otherwise required by law. The moving party has the burden of 1138
proof to show, by a preponderance of the evidence, that 1139
modification or termination of the protection order or consent 1140
agreement is appropriate because either the protection order or 1141
consent agreement is no longer needed or because the terms of the 1142
original protection order or consent agreement are no longer 1143
appropriate. 1144

       (c) In considering whether to modify or terminate a 1145
protection order or consent agreement issued or approved under 1146
this section, the court shall consider all relevant factors, 1147
including, but not limited to, the following: 1148

       (i) Whether the petitioner consents to modification or 1149
termination of the protection order or consent agreement; 1150

       (ii) Whether the petitioner fears the respondent; 1151

       (iii) The current nature of the relationship between the 1152
petitioner and the respondent; 1153

       (iv) The circumstances of the petitioner and respondent, 1154
including the relative proximity of the petitioner's and 1155
respondent's workplaces and residences and whether the petitioner 1156
and respondent have minor children together; 1157

       (v) Whether the respondent has complied with the terms and 1158
conditions of the original protection order or consent agreement; 1159

       (vi) Whether the respondent has a continuing involvement with 1160
illegal drugs or alcohol; 1161

       (vii) Whether the respondent has been convicted of, pleaded 1162
guilty to, or been adjudicated a delinquent child for an offense 1163
of violence since the issuance of the protection order or approval 1164
of the consent agreement; 1165

       (viii) Whether any other protection orders, consent 1166
agreements, restraining orders, or no contact orders have been 1167
issued against the respondent pursuant to this section, section 1168
2919.26 of the Revised Code, any other provision of state law, or 1169
the law of any other state; 1170

       (ix) Whether the respondent has participated in any domestic 1171
violence treatment, intervention program, or other counseling 1172
addressing domestic violence and whether the respondent has 1173
completed the treatment, program, or counseling; 1174

       (x) The time that has elapsed since the protection order was 1175
issued or since the consent agreement was approved; 1176

       (xi) The age and health of the respondent; 1177

       (xii) When the last incident of abuse, threat of harm, or 1178
commission of a sexually oriented offense occurred or other 1179
relevant information concerning the safety and protection of the 1180
petitioner or other protected parties. 1181

       (d) If a protection order or consent agreement is modified or 1182
terminated as provided in division (E)(8) of this section, the 1183
court shall issue copies of the modified or terminated order or 1184
agreement as provided in division (F) of this section. A 1185
petitioner may also provide notice of the modification or 1186
termination to the judicial and law enforcement officials in any 1187
county other than the county in which the order or agreement is 1188
modified or terminated as provided in division (N) of this 1189
section. 1190

       (e) If the respondent moves for modification or termination 1191
of a protection order or consent agreement pursuant to this 1192
section, the court may assess costs against the respondent for the 1193
filing of the motion. 1194

       (9) Any protection order issued or any consent agreement 1195
approved pursuant to this section shall include a provision that 1196
the court will automatically seal all of the records of the 1197
proceeding in which the order is issued or agreement approved on 1198
the date the respondent attains the age of nineteen years unless 1199
the petitioner provides the court with evidence that the 1200
respondent has not complied with all of the terms of the 1201
protection order or consent agreement. The protection order or 1202
consent agreement shall specify the date when the respondent 1203
attains the age of nineteen years. 1204

       (10) The court may include in a protection order issued or 1205
consent agreement approved under this section any companion animal 1206
that is in the petitioner's residence and may issue additional 1207
orders as it considers appropriate for the protection of the 1208
companion animal, including any of the following:1209

       (a) An order directing the respondent to refrain from 1210
abusing, threatening, injuring, concealing, disposing of, or 1211
interfering with the care, custody, and control of a companion 1212
animal that is in the possession of the petitioner or the 1213
respondent or that is owned by the petitioner;1214

       (b) An order to remove a companion animal from the possession 1215
of the respondent;1216

       (c) An order permitting the petitioner to return to the 1217
residence to remove a companion animal from the possession of the 1218
respondent;1219

       (d) An order prohibiting the respondent from having any 1220
contact with the companion animal;1221

       (e) An order directing law enforcement to assist in the safe 1222
removal of a companion animal from the possession of the 1223
respondent.1224

       (F)(1) A copy of any protection order, or consent agreement, 1225
that is issued, approved, modified, or terminated under this 1226
section shall be issued by the court to the petitioner, to the 1227
respondent, and to all law enforcement agencies that have 1228
jurisdiction to enforce the order or agreement. The court shall 1229
direct that a copy of an order be delivered to the respondent on 1230
the same day that the order is entered. 1231

       (2) Upon the issuance of a protection order or the approval 1232
of a consent agreement under this section, the court shall provide 1233
the parties to the order or agreement with the following notice 1234
orally or by form: 1235

"NOTICE
1236

       As a result of this order or consent agreement, it may be 1237
unlawful for you to possess or purchase a firearm, including a 1238
rifle, pistol, or revolver, or ammunition pursuant to federal law 1239
under 18 U.S.C. 922(g)(8). If you have any questions whether this 1240
law makes it illegal for you to possess or purchase a firearm or 1241
ammunition, you should consult an attorney." 1242

       (3) All law enforcement agencies shall establish and maintain 1243
an index for the protection orders and the approved consent 1244
agreements delivered to the agencies pursuant to division (F)(1) 1245
of this section. With respect to each order and consent agreement 1246
delivered, each agency shall note on the index the date and time 1247
that it received the order or consent agreement. 1248

       (4) Regardless of whether the petitioner has registered the 1249
order or agreement in the county in which the officer's agency has 1250
jurisdiction pursuant to division (N) of this section, any officer 1251
of a law enforcement agency shall enforce a protection order 1252
issued or consent agreement approved by any court in this state in 1253
accordance with the provisions of the order or agreement, 1254
including removing the respondent from the premises, if 1255
appropriate. 1256

       (G) Any proceeding under this section shall be conducted in 1257
accordance with the Rules of Civil Procedure, except that an order 1258
under this section may be obtained with or without bond. An order 1259
issued under this section, other than an ex parte order, that 1260
grants a protection order or approves a consent agreement, that 1261
refuses to grant a protection order or approve a consent agreement 1262
that modifies or terminates a protection order or consent 1263
agreement, or that refuses to modify or terminate a protection 1264
order or consent agreement, is a final, appealable order. The 1265
remedies and procedures provided in this section are in addition 1266
to, and not in lieu of, any other available civil or criminal 1267
remedies. 1268

       (H) The filing of proceedings under this section does not 1269
excuse a person from filing any report or giving any notice 1270
required by section 2151.421 of the Revised Code or by any other 1271
law. When a petition under this section alleges domestic violence 1272
against minor children, the court shall report the fact, or cause 1273
reports to be made, to a county, township, or municipal peace 1274
officer under section 2151.421 of the Revised Code. 1275

       (I) Any law enforcement agency that investigates a domestic 1276
dispute shall provide information to the family or household 1277
members involved regarding the relief available under this section 1278
and section 2919.26 of the Revised Code. 1279

       (J) Notwithstanding any provision of law to the contrary and 1280
regardless of whether a protection order is issued or a consent 1281
agreement is approved by a court of another county or a court of 1282
another state, no court or unit of state or local government shall 1283
charge any fee, cost, deposit, or money in connection with the 1284
filing of a petition pursuant to this section or in connection 1285
with the filing, issuance, registration, or service of a 1286
protection order or consent agreement, or for obtaining a 1287
certified copy of a protection order or consent agreement. 1288

       (K)(1) The court shall comply with Chapters 3119., 3121., 1289
3123., and 3125. of the Revised Code when it makes or modifies an 1290
order for child support under this section. 1291

       (2) If any person required to pay child support under an 1292
order made under this section on or after April 15, 1985, or 1293
modified under this section on or after December 31, 1986, is 1294
found in contempt of court for failure to make support payments 1295
under the order, the court that makes the finding, in addition to 1296
any other penalty or remedy imposed, shall assess all court costs 1297
arising out of the contempt proceeding against the person and 1298
require the person to pay any reasonable attorney's fees of any 1299
adverse party, as determined by the court, that arose in relation 1300
to the act of contempt. 1301

       (L)(1) A person who violates a protection order issued or a 1302
consent agreement approved under this section is subject to the 1303
following sanctions: 1304

       (a) Criminal prosecution or a delinquent child proceeding for 1305
a violation of section 2919.27 of the Revised Code, if the 1306
violation of the protection order or consent agreement constitutes 1307
a violation of that section; 1308

       (b) Punishment for contempt of court. 1309

       (2) The punishment of a person for contempt of court for 1310
violation of a protection order issued or a consent agreement 1311
approved under this section does not bar criminal prosecution of 1312
the person or a delinquent child proceeding concerning the person 1313
for a violation of section 2919.27 of the Revised Code. However, a 1314
person punished for contempt of court is entitled to credit for 1315
the punishment imposed upon conviction of or adjudication as a 1316
delinquent child for a violation of that section, and a person 1317
convicted of or adjudicated a delinquent child for a violation of 1318
that section shall not subsequently be punished for contempt of 1319
court arising out of the same activity. 1320

       (M) In all stages of a proceeding under this section, a 1321
petitioner may be accompanied by a victim advocate. 1322

       (N)(1) A petitioner who obtains a protection order or consent 1323
agreement under this section or a temporary protection order under 1324
section 2919.26 of the Revised Code may provide notice of the 1325
issuance or approval of the order or agreement to the judicial and 1326
law enforcement officials in any county other than the county in 1327
which the order is issued or the agreement is approved by 1328
registering that order or agreement in the other county pursuant 1329
to division (N)(2) of this section and filing a copy of the 1330
registered order or registered agreement with a law enforcement 1331
agency in the other county in accordance with that division. A 1332
person who obtains a protection order issued by a court of another 1333
state may provide notice of the issuance of the order to the 1334
judicial and law enforcement officials in any county of this state 1335
by registering the order in that county pursuant to section 1336
2919.272 of the Revised Code and filing a copy of the registered 1337
order with a law enforcement agency in that county. 1338

       (2) A petitioner may register a temporary protection order, 1339
protection order, or consent agreement in a county other than the 1340
county in which the court that issued the order or approved the 1341
agreement is located in the following manner: 1342

       (a) The petitioner shall obtain a certified copy of the order 1343
or agreement from the clerk of the court that issued the order or 1344
approved the agreement and present that certified copy to the 1345
clerk of the court of common pleas or the clerk of a municipal 1346
court or county court in the county in which the order or 1347
agreement is to be registered. 1348

       (b) Upon accepting the certified copy of the order or 1349
agreement for registration, the clerk of the court of common 1350
pleas, municipal court, or county court shall place an endorsement 1351
of registration on the order or agreement and give the petitioner 1352
a copy of the order or agreement that bears that proof of 1353
registration. 1354

       (3) The clerk of each court of common pleas, the clerk of 1355
each municipal court, and the clerk of each county court shall 1356
maintain a registry of certified copies of temporary protection 1357
orders, protection orders, or consent agreements that have been 1358
issued or approved by courts in other counties and that have been 1359
registered with the clerk. 1360

       (O) Nothing in this section prohibits the domestic relations 1361
division of a court of common pleas in counties that have a 1362
domestic relations division or a court of common pleas in counties 1363
that do not have a domestic relations division from designating a 1364
minor child as a protected party on a protection order or consent 1365
agreement. 1366

       Section 2. That existing sections 2903.213, 2903.214, 1367
2919.26, and 3113.31 of the Revised Code are hereby repealed.1368